M/S Majestic Residency Owners Welfare Association v. The Asst. Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.19663 of 2020 and W.M.P.Nos.24302 of 2020, 3049 of 2021 and 3641 of 2022 M/s. Majestic Residency Owners Welfare Association, Represented by its President L.Sudakar Having its Registered Office at No.142, 3rd Street, Majestic Residence Layout, Cemmancheri, OMR, Chennai - 600 119
...Petitioner
Vs.
1.The Asst. Engineer, Chennai Corporation , Zone No.15, Division 200, Sholinganallur, Chennai - 600 119.
2.The Commissioner, Chennai Corporation, Ribbon Buildings, Chennai - 600 003.
3.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Buildings, Egmore, Chennai - 600 008.
...Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first and second respondents to the stop the construction of play-field in the reserved park area in violation of CMDA approved lay-out plan vide P.P.D/L.O No.53 of 2004 for Majestic Residency in S.Nos. 101, 102, 103, 104, 337/10 and 337/11 at Chemmancherry Village, now Sholinganallur Taluk, Chennai District and consequently direct the first and second respondent to form a park in the said reserved park area as per the CMDA approved lay-out plain vide P.P.D/L.O No.53 of 2004 for Majestic Residency.
For Petitioner : Mr.K.Balamurali for Mr.Shivakumar and Suresh For Respondents 1 & 2 : M/s.P.T.Ramadevi Standing Counsel For Respondent 3 : M/s.Veena Suresh Standing Counsel 2/5
O R D E R
The petitioner has come up with this writ petition seeking a direction to the first and second respondents to stop construction of play-field in the place reserved for park area as per the approved lay out.
2. M/s.P.T.Ramadevi, learned Standing Counsel takes notice for the first and second respondents. M/s.Veena Suresh, learned Standing Counsel takes notice for the third respondent.
3. The learned counsel for the petitioner filed a memo dated 28.04.2023, stating that the second respondent Corporation has sent a communication to the petitioner dated 19.12.2022, stating that it propose to develop the area by building pathway, pond, play ground and park.
4. It is stated in the memo filed by the learned counsel for the petitioner that recording the communication sent by the second respondent Corporation, the writ petition may be closed. The memo filed by the petitioner dated 28.04.2023 and the communication of the first respondent to the petitioner 3/5
dated 19.12.2022, annexed with the memo are recorded.
5. With the above observation, the writ petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. 14.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti To 1.The Asst. Engineer, Chennai Corporation , Zone No.15, Division 200, Sholinganallur, Chennai - 600 119.
2.The Commissioner, Chennai Corporation, Ribbon Buildings, Chennai - 600 003.
3.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Buildings, Egmore, Chennai - 600 008.
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S.SOUNTHAR , J.
nti W.P No.19663 of 2020 14.07.2023 5/5